First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 22

AN ACT TO AMEND THE LAW

SOCIETY ACT, 1999

Received and Read the First Time ............................................................................April

22, 2008

Second Reading .......................................................................................................... April 24, 2008

Committee .............................................................................................

Amendment April 28, 2008

Third Reading ............................................................................................................. .April

28, 2008

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C .

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Law Society Act, 1999 to

(

a) clarify the authority of benchers to

regulate the practice of law in the province;

(

b) enhance the powers of the education

committee of the society; and

(

c) make changes to

the Act respecting the disciplining of members of the society.

In particular, the amendments referred

to in paragraph (

a) would provide a complainant whose complaint is rejected by

the complaints authorization committee with a right to appeal the rejection to

the Trial Division.

The amendments would also provide for

an appeal to the Trial Division from a decision of a disciplinary panel.

Currently a right of appeal exists to the benchers of the law society.

BILL

AN ACT TO AMEND THE LAW SOCIETY

ACT, 1999

Analysis

1. S.8 Amdt.

Appointing lay benchers

2. S.17 Amdt.

Convocations

3. S.18 Amdt.

Powers of benchers

4. S.18.1 Added

Annual report

5. S.20 Amdt.

President and vice-president

6. S.23 Amdt.

Executive committee

7. S.35 R&S

Education committee

8. S.38 Amdt.

Appeal

9. S.40 Amdt.

Interjurisdictional law firms

Part II R&S

PART II

DISCIPLINE

PROCEEDINGS

Definitions

42. Committees

43. Allegation

44. Effect of filing

allegation

45. Complaints

authorization

committee

46. Adjudication tribunal

47. Hearing

48. Copies of books, etc.

as evidence

49. Guilty plea by

respondent

50. Powers of adjudication

tribunal

51. Filing and publication

of decisions

52. Disbarment and

suspension

53. Failure to comply

54. Reinstatement and

readmission

55. Costs of the society

55.1

Collection of fine

55.2

Appeal

55.3

Application of Part to

professional law

corporations

11. S.74 Amdt.

Recovery of fees

12. S.82 Rep.

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1999 cL-9.1

as amended

Section 8 of the Law Society Act, 1999 is amended by adding immediately after

subsection (2) the following:

(2.1) Notwithstanding subsection (2), where the

term of office of a person appointed as a bencher under this

section expires,

the person continues to be a bencher until he or she is reappointed or his or

her successor is appointed.

2. Subsection 17(4) of the Act is repealed.

(1) Section 18 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The benchers have the authority to

regulate the practice of law and the legal profession in the public interest.

(1.2) The benchers may delegate duties to an

employee whenever they consider it necessary or desirable to do so.

(2) Paragraph 18(2)(

c) of the Act is repealed

and the following substituted:

(

c) regulate and conduct convocations,

proceedings and meetings of the benchers, a committee of benchers and the

society, and provide for practice and procedure before an adjudication tribunal,

the benchers, panels and committees;

4. The Act is amended by adding immediately after

section 18 the following:

Annual report

18.1

(1) The society shall prepare and submit to the minister not later than 6 months

after the end of its financial year

(

a) a report on the activities of the society

in the previous year; and

(

b) the society's audited financial statements

for the previous financial year.

(2) The minister shall table a copy of the

annual report and the audited financial statement in the House of Assembly

within 15 days of receiving it if the house is sitting and if the house is not

sitting within 15 days after it next begins to sit.

(3) Where the society fails to comply with

subsection (1), the society is guilty of an offence and on

summary conviction

may be fined $1,000.

Section 20 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Where the choice of benchers for

appointment as president for the coming year is a bencher who is in his or her

eighth consecutive year of office, he or she may, notwithstanding

section 13,

continue to hold office as a bencher until the expiry of his or her term as

president.

6. Subsections 23(4), (5) and (6) of the Act are

repealed.

Section 35 of the Act is repealed and the

following substituted:

Education

committee

35 .

(1) The evaluation of all matters relating to the academic qualifications,

character and fitness to practice of an applicant and the evaluation of

applications for enrolment as a member or for admission as a student, is under

the control of an education committee which the benchers shall establish and

maintain.

(2) The education committee shall consider all

matters relating to academic qualifications, character and fitness to practice

of an applicant for enrolment as a member or for admission as a student and

shall prescribe the contents of bar admission examinations and other special

examinations or educational requirements.

(3) The education committee may enter into

arrangements with another organization in Canada

under which that organization in consultation with the society may prescribe the

contents of and conduct bar admission examinations under the general supervision

of the education committee.

(4) A person who is required to take a bar

admission examination by the education committee shall also take a bar admission

course.

(5) Notwithstanding anything in this Part, the

education committee, where they consider that special circumstances so warrant

with respect to a person, may exempt the person from taking a bar admission

course or examination or both.

(6) The education committee or a person

appointed by the committee may summon a person and require him or her to give

evidence, orally or in writing, upon oath or affirmation, and produce the

documents and things that the committee considers necessary for the full

investigation and hearing of a matter before it and it shall have the powers,

privileges and immunities that are conferred on a commissioner appointed under

the Public Inquiries Act, 2006 .

Section 38 of the Act is amended by adding

immediately after subsection (2) the following:

(3) A person affected by a decision of the

benchers under this

section may, within 30 days of receipt of the decision,

appeal it to the Trial Division by filing a notice of appeal with the Registrar

of the Supreme Court.

9. Subsection 40(6) of the Act is amended by

striking out the words "adjudication panel" and substituting the words

"adjudication tribunal".

Part II of the Act is repealed and the following

substituted:

PART II

DISCIPLINE PROCEEDINGS

Definitions

In this Part

(a) "allegation" means a written document

alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making an

allegation and includes a person making a report under subsection 43 (3);

(c) "conduct deserving of sanction" includes

(

i) professional misconduct,

(ii) failure to maintain the standards of

practice,

(iii) conduct unbecoming a member of the

society, and

(iv) acting in breach of this Act or the rules

including rules of professional ethics or conduct made under paragraph 18 (p);

(d) "costs incurred by the society includes

(

i) out of pocket expenses incurred by or on

behalf of the society,

(ii) amounts paid by the society to

adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the

society and the adjudication tribunal;

(e) "disciplinary panel" means the panel of

persons appointed under

section 42 from which

the members of an adjudication tribunal are chosen; and

(f) "respondent" means a member, former

member, law firm, former law firm, student, former student or a person referred

to in subsection 39 (1) or (2) whose conduct is

being inquired into under this Part.

Committees

(1) The benchers shall appoint at least 3 of their members, at least one of whom

is an appointed bencher, to constitute a complaints authorization committee.

(2) The benchers shall appoint the chairperson

and vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(3) The president and vice-president are not

eligible to be members of the complaints authorization committee.

(4) The benchers shall appoint at least 20

members who are not elective benchers, one of whom shall be appointed to serve

as chairperson, and the minister shall appoint at least 10 persons, who are not

benchers or members, to represent the public interest, who shall together

constitute a disciplinary panel.

(4.1) Persons appointed to the disciplinary panel shall be appointed for a term of 3

years.

(5) Notwithstanding the expiry of his or her

term, a member of the disciplinary panel continues to be a member until he or

she is re-appointed or his or her replacement is appointed.

(6) Persons appointed to the disciplinary

panel may be reappointed.

(7) Members of the disciplinary panel shall

serve on the panel without payment for their services, but may be remunerated

for service as a member of an adjudication tribunal appointed under

section 46

and paid their travel and other expenses associated with the work of that

tribunal by the society, in accordance with and at the rates set by the rules.

(8) The complaints authorization committee, an

adjudication tribunal appointed under

section 46

and a person appointed by either of them may summon a respondent or other person

and require the respondent or other person to give evidence, orally or in

writing, upon oath or affirmation, and produce the documents and things that

either of them considers necessary for the full investigation and hearing of an

allegation or complaint and shall have the powers, privileges and immunities

that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Allegation

(1) An allegation shall be in writing and signed by the complainant or his or

her solicitor, and filed with the vice-president.

(2) The vice-president may on his or her own

motion make an allegation and file it, and the allegation shall have the same

effect as an allegation referred to in subsection (1).

(3) A report to the society in respect of a

respondent under subsection 66(2) of the

Legal Aid Act shall be dealt with by the vice-president as an allegation,

irrespective of disciplinary action taken against that person by the Newfoundland and

Labrador Legal Aid Commission under that Act.

(4) Where the society has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended or disbarred by a governing body of the

legal profession in another province or territory of Canada or another territory

or country for reason of professional misconduct, conduct unbecoming the legal

profession, failure to maintain the standards of practice or failing to adhere

to a code of legal ethics established or adopted by the governing body of the

legal profession, the information shall be dealt with by the vice-president as

an allegation.

(5) For the purpose of subsection (4), a

certified copy of the record of a conviction or findings made or the action

taken by an external regulatory body constitutes proof, in the absence of

evidence to the contrary, of the conviction or findings made or the action taken

by that body, without proof of the signature of the convicting justice or person

purporting to have signed on behalf of that body.

Effect of filing

allegation

(1) Where it appears to the vice-president after notifying the respondent of an

allegation that the allegation may be resolved satisfactorily and where the

complainant and the respondent consent, the vice-president may attempt to

resolve the matter or may refer the allegation to alternate dispute resolution

in accordance with the rules.

(2) Where the allegation is not satisfactorily

resolved by the vice-president or through alternate dispute resolution under

subsection (1), the vice-president shall refer the allegation and all other

allegations to the complaints authorization committee.

(3) The vice-president shall inform a

complainant and a respondent of the referral of the allegation to the complaints

authorization committee.

Complaints

authorization committee

(1) Where an allegation has been submitted to the complaints authorization

committee, the committee may exercise one or more of the following powers:

(

a) refer the allegation back to the

vice-president for an investigation or alternative dispute resolution in

accordance with the rules;

(

b) conduct an investigation itself or appoint

a person to conduct an investigation on its behalf;

(

c) conduct a practice review into the

member's practice or the conduct of a professional law corporation of which the

member is a voting shareholder; and

(

d) require the respondent to appear before it.

(2) Where the complaints authorization

committee is of the opinion that there are no reasonable grounds to believe the

respondent has engaged in conduct deserving of sanction, the committee shall

dismiss the allegation and give notice in writing of the dismissal to the

complainant and the respondent.

(3) Where the complaints authorization

committee is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall be

considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent;

(

b) instruct the vice-president to file the

complaint against the respondent and refer it to the disciplinary panel;

(

c) make an application under

Part III for the appointment of

a custodian of the member's practice or of a professional law corporation of

which the member is a voting shareholder; and

(

d) suspend or restrict the respondent's

licence.

(4) A person conducting an investigation under

paragraph (1)(a), (

b) or (3)(

c) may require

(

a) the respondent to

(

i) undergo an examination or assessment he or

she considers necessary and as arranged by the vice-president, and

(ii) permit the vice-president or a member of

the complaints authorization committee or a person appointed by the complaints

authorization committee to inspect and copy the records of the respondent and

other documents relating to the subject matter of the investigation; and

(

b) a person other than the respondent to

permit the vice-president or a member of the complaints authorization committee

or a person appointed by the complaints authorization committee to inspect and

copy records and other documents relating to the subject matter of the

investigation held by that person,

and the respondent or other person shall

comply.

(5) An action for damages does not lie against

a member or another person to whom a request is made solely because he or she

provides information requested of him or her under subsection (4).

(6) Where the vice-president, a member of the

complaints authorization committee or a person appointed by the complaints

authorization committee requires that a respondent or another person provide

information under subsection (4), that information shall be provided within 7

days of receipt of the request or a different period as specified in the

request.

(7) A complainant whose allegation is

dismissed by the complaints authorization committee under subsection (2) may,

within 30 days after receiving notice of the dismissal, appeal the dismissal to

the Trial Division by filing a notice of appeal with the Registrar of the

Supreme Court.

(8) Subsections (4), (5) and (6) apply to the

Crown.

Adjudication

tribunal

(1) For the purpose of dealing with complaints referred to the disciplinary

panel, the chairperson of the disciplinary panel shall appoint from it an

adjudication tribunal consisting of 3 persons, of whom 2 shall be members and

one shall be a member of the panel appointed by the minister under subsection

42(4).

(2) The chairperson of the disciplinary panel

shall appoint one of the members on an adjudication tribunal to be the

chairperson.

Hearing

(1) Where a complaint has been referred under paragraph

45 (3)(b), an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the society

and the respondent and a party may be represented by his or her counsel at a

hearing.

(3) A hearing shall be conducted in public but

an adjudication tribunal may exclude the public from a hearing, or from part of

it, where it determines that the desirability of protecting a party to the

complaint or another person against the consequences of possible disclosure of

personal matters outweigh the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

A copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 45 (4) to conduct an inspection,

who made the copy or extract under

subsection 45 (4) is admissible in evidence in an

action, proceeding or prosecution, in the absence of evidence to the contrary,

as evidence of the original book, record, document or thing and its contents.

Guilty plea by

respondent

(1) Where a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for

a fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to resign

from the society upon those conditions that may be considered appropriate;

(

d) order that the respondent be disbarred;

(

e) strike the respondent's name from the roll

of students;

(

f) refuse the respondent's admission to usual

examinations or refuse to grant a certificate of fitness, either absolutely or

for the period of time that it considers appropriate;

(

g) order that the respondent's right to

practice law under rules made under subsection 39(1) be suspended for a fixed

period, or revoked;

(

h) order that the permission granted under

subsection 39(2) be suspended for a fixed period, or revoked;

(

i) order that permission for members to

practise with a respondent that is an interjurisdictional law firm be revoked,

or suspended for a fixed period;

(

j) order the respondent to pay to the society

for the assurance fund the amount that the adjudication panel may fix;

(

k) impose a fine not to exceed $10,000 to be

paid to the society;

(

l) order that the respondent pay the costs or

a part of the costs incurred by the society in the investigation and hearing of

the complaint;

(

m) order that the society publish a

summary

of the decision including the information set out in subsection 51 (4) and other information that the tribunal may

specify;

(

n) order that the respondent comply with one

or more of the following:

(

i) make restitution to the complainant or

other person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the adjudication tribunal or

other body or person designated by the adjudication tribunal that the respondent

is fit to resume practice,

(

v) engage in continuing education programs,

(vi) report on his or her compliance with an

order made under this

section and authorize others involved with his or her

treatment or supervision to report on it,

(vii) restrict his or her professional practice

or continue his or her practice under specified conditions,

(viii) permit periodic inspection of his or her

practice,

(ix) permit periodic inspection of records

relating to his or her practice,

(

x) maintain a specific type of trust account

or a trust account for limited purposes, or

(xi) accept specific co-signing controls on

trust accounts; and

(

o) impose other requirements that are just

and reasonable in the circumstances.

(3) The costs incurred by the society to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Powers of

adjudication tribunal

(1) Where an adjudication tribunal holds a hearing into a complaint, it shall

decide whether or not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides

that a respondent is not guilty, it shall dismiss the complaint and may, where

it believes that the submission of the complaint to the tribunal for a hearing

was unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the society to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides

that a respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for

a fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to resign

from the society upon those conditions that may be considered appropriate;

(

d) order that the respondent be disbarred;

(

e) strike the respondent's name from the roll

of students;

(

f) refuse the respondent's admission to usual

examinations or refuse to grant a certificate of fitness, either absolutely or

for the period of time that it considers appropriate;

(

g) order that the respondent's right to

practice law under rules made under subsection 39(1) be suspended for a fixed

period, or revoked;

(

h) order that the permission granted under

subsection 39(2) be suspended for a fixed period, or revoked;

(

i) order that permission for members to

practise with a respondent that is an interjurisdictional law firm be revoked,

or suspended for a fixed period;

(

j) order the respondent to pay to the society

for the assurance fund the amount that the adjudication panel may fix;

(

k) impose a fine not to exceed $10,000 to be

paid to the society;

(

l) order that the respondent pay the costs or

a part of the costs incurred by the society in the investigation or hearing of

the complaint;

(

m) order that the society publish a

summary

of the decision including the information set out in subsection 51 (4) and other information that the tribunal may

specify;

(

n) order that the respondent comply with one

or more of the following:

(

i) make restitution to the complainant or

other person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the adjudication tribunal or

other body or person designated by the adjudication tribunal that the respondent

is fit to resume practice,

(

v) engage in continuing education programs,

(vi) report on his or her compliance with an

order made under this

section and authorize others involved with his or her

treatment or supervision to report on it,

(vii) restrict his or her professional practice

or continue his or her practice under specified conditions,

(viii) permit periodic inspection of his or her

practice,

(ix) permit periodic inspection of records

relating to his or her practice,

(

x) maintain a specific type of trust account

or a trust account for limited purposes, or

(xi) accept specific co-signing controls on

trust accounts; and

(

o) impose other requirements that are just

and reasonable in the circumstances.

(4) The costs incurred by the society to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection

49 (2),

50(2) or 50 (3)

with the society and provide a copy to the complainant, the respondent and the

respondent's partners and employers, as designated in the rules, and the

minister.

(2) The society shall maintain a copy of a decision or order filed under subsection

(1) for a period of 5 years, or the longer period the society may set, after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a member permit a person to view those

records.

(3) The society shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the expiry of the appeal period under

section 55.2 unless a

court orders otherwise, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to

surrender his or her licence;

(

c) restricts the respondent's practice;

(

d) disbars the respondent;

(

e) specifies conditions for the continuing

practice of the respondent; or

(

f) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published

under subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description

of the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, where the

complainant has requested that his or her name be published;

(

d) the contents of the order in relation to

the actions referenced in paragraphs (3)(

a) to (e); and

(

e) other information specified for

publication in the decision or order.

(5) Where a decision published under this

section is varied or set aside, the society shall within 14 days of the filing

of the subsequent decision or order publish a

summary of the decision or order

and subsections (3) and (4) apply, with the necessary changes.

(6) The society may give notice of the

decision and information respecting the decision to the other persons the

benchers may direct and shall, in a certificate of good standing issued in

relation to the respondent, include a

summary of the decision.

Disbarment and

suspension

(1) Where a member is disbarred or allowed to resign from the society or a

student is struck off the roll, his or her rights and privileges as a member or

student cease.

(2) Where a member or student is suspended,

his or her rights and privileges as a member or student cease for the period of

suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on the practice of law, his, her or

its rights and privileges as a member, student, interjurisdictional law firm or

otherwise shall be limited to the extent specified by the conditions or

restrictions.

Failure to comply

(1) On application by the society to the discipline panel, an adjudication

tribunal may make an order suspending the rights and privileges of a respondent

where it determines that the respondent has failed to comply with a decision or

an order under this Part.

(2) The parties to the application are the

society and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a fixed

period that the adjudication tribunal considers appropriate, or until conditions

which it may impose are fulfilled, or until further order of the adjudication

tribunal.

Reinstatement and

readmission

(1) Where a decision or order of an adjudication tribunal

(

a) suspends a respondent;

(

b) restricts a respondent's practice; or

(

c) specifies conditions for the continuing

practice of a respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has occurred

since the making of the decision or order, the respondent may apply to the

complaints authorization committee for a supplementary hearing before an

adjudication tribunal to discharge or vary the decision or order based on the

new evidence or material change in circumstances.

(2) An application under subsection (1) shall

be made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the

complaints authorization committee under subsection (1), and the committee is of

the opinion that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal for a supplementary hearing as if it were a

matter referred under paragraph 45 (3)(

b) and

sections

47 to 52 apply,

with the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing

under this

section are the respondent and the society.

(5) For the purpose of this section, in

addition to an order that an adjudication tribunal may make under

section 50 , an adjudication tribunal may

(

a) vary the original decision or order made

under

section 50 ; or

(

b) discharge the original decision or order,

with or without conditions.

Costs of the

society

(1) Where a person who was ordered to pay the costs of the society under

paragraph 49 (2)(

l) or 50 (3)(

l) fails to pay in the time required, the society may suspend the licence of that

person until the costs are paid.

(2) Costs ordered to be paid under paragraph 49 (2)(

l) or 50 (3)(

l) are a debt due to the society and may be recovered by the society by a civil

action.

Collection of fine

55.1

(1) Where an order is made under

section 49 or 50 imposing a fine on a respondent, the society may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed

under this

section may, within 30 days after the certificate is filed, apply to

a judge of the Trial Division for a review, on a question of law or

jurisdiction, of the certificate.

(4) On an application under subsection (3),

the judge may make any amendment to the certificate that is necessary to make

the certificate accord with the judge's decision.

(5) There is no appeal from a decision of a

judge made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal

55.2

(1) The society or the respondent may, within 30 days after receiving notice of

a decision or order of an adjudication tribunal under this Part, appeal the

decision or order or a part of it to the Trial Division by filing a notice of

appeal with the Registrar of the Supreme Court.

(2) An appeal under this

section does not stay

the decision or order being appealed unless the Trial Division orders otherwise.

Application of

Part to professional law corporations

55.3

(1) This Part applies, with the necessary

changes, to a professional law corporation as if it was a member.

(2) Rules made by the benchers respecting the

discipline of members under this Part may be made applicable to professional law

corporations as if they were members.

11. Subsection 74(4) of the Act is repealed and the

following substituted:

(4) Notice of taxation of a bill of fees may

be given

(

a) by the member or professional law

corporation claiming payment to a person from whom payment is claimed; or

(

b) by a person from whom a payment is claimed

to the member or professional law corporation claiming payment.

Section 82 of the Act is repealed.

Earl G. Tucker, Queen's Printer